CHAMAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment/order dated 11-5-1994 of Sessions Judge, Kapurthala vide which he has convicted Chaman Lal, appellant, under Section 302, IPC and has sentenced him to undergo imprisonment for life and to pay a fine of Rs. 200/- in default of payment of fine he was further ordered to undergo R.I. for three months.

(2.) Brief facts of the case are that upon receipt of a wireless message from Christian Medical College Hospital, Ludhiana regarding the admission of Joginder Kaur (since deceased) wife of the accused in the hospital with burn injuries, ASI Raj Kumar reached the hospital and recorded the statement Ex. PE of Joginder Kaur, which, according to PW 5 H. C. Gurdial Singh (HC Gurdial Singh was produced at the trial as ASI Raj Kumar had died) who accompanied the ASI and had seen him signing the statement Ex. P.E. of Joginder Kaur which was recorded by ASI and read over to her and in token of its correctness she affixed for thumb impression of her right foot as her fingers and thumbs of her hands had been burnt. Joginder Kaur gave her statement to the ASI in Constable Gurdial Singh's presence. The statement of Joginder Kaur reads as under :

(3.) On the basis of the above statement, a case under Section 307 was registered against the appellant, Joginder Kaur died in the C.M.C. Hospital, Ludhiana on 21-6-1991. After that the offence was changed from Section 307, IPC to Section 302, IPC. Inquest report was prepared and the dead body of Joginder Kaur was(sic) (sent) to(sic) (for) post mortem examination. The accused was arrested subjected to post mortem examination.(sic) The accused was arrested and after necessary investigation he was challenged under Section 302, IPC and the case was committed to Sessions for trial. The Sessions Judge tried the appellant and convicted and sentenced him as stated above.